Note: Any violation of § 53a-54b occurring after April 25, 2012 is called a Murder with Special Circumstances rather than a Capital Felony.

Note: There are eight circumstances under which intentional murder may be raised to capital felony or murder with special circumstances. In most cases, the defendant will be charged with murder in one count, and capital felony or murder with special circumstances in another. Thus, the following instructions refer the jury back to the instructions on the murder count. In some cases, however, such as murder of a person under sixteen years of age, it may be charged in a single count. In that case, insert the instruction on murder (Instruction 5.1-1) rather than the reference to the murder count. Also, if the charging document lists the capital felony or murder with special circumstances charge as the first count, followed by the murder count, it should be amended to list the murder charge first, as this is the order in which the charges must be proved.

This instruction is organized as
follows:

Part A. Circumstances raising
murder to capital felony or murder with special circumstances

The defendant is charged [in count
___] with (capital felony / murder with special circumstances). The statute defining this offense reads in pertinent
part as follows:

a person is guilty of a (capital felony / murder with special circumstances) when that person is convicted of the murder of <insert one of the
following:>

a member of the
division of state police within the department of emergency services and public
protection or of any local
police department,

a chief inspector
or inspector in the division of criminal justice,

a state marshal who
is exercising authority granted under any provision of the general statutes,

a judicial marshal
in performance of the duties of a judicial marshal,

a constable who
performs criminal law enforcement duties,

a special policeman
for state property,

a conservation
officer or special conservation officer appointed by the commissioner of
environmental protection,

an employee of the
department of correction or a person providing services on behalf of said
department when such employee or person is acting within the scope of such
employee's or person's employment or duties in a correctional institution or
facility and the actor is confined in such institution or facility,

or any firefighter,

while (he/she) was acting within
the scope of (his/her) duties.

For you to find the defendant guilty
of (capital felony / murder with special circumstances), the state must prove the following elements beyond a
reasonable doubt:

Element 1 - Convicted of murderThe first element is that the
defendant was convicted of murder. Proof of this element will depend on your
deliberations pertaining to count <insert number of count charging murder>
which I have already instructed you on. If you find the defendant guilty of
murder in count <insert number of count charging murder>, then this
element will be proven.

Element 2 - Identity of
decedentThe second element is that <insert
name of decedent> was <insert appropriate title>.

Element 3 - Within the scope of
dutiesThe third element is that <insert
name of decedent> was acting in the discharge of (his/her) official duties
as a[n] <insert appropriate title> at the time. Acting within the scope
of (his/her) duties broadly encompasses any activity that falls within the
officer's official duties. A[n] <insert appropriate title> has the duty to
<insert description of officer's duties>. Whether (he/she) is acting in
the performance of (his/her) duty must be determined in the light of that
purpose and duty. If (he/she) is acting under a good faith belief that
(he/she) is carrying out that duty, and if (his/her) actions are reasonably
designed to that end, (he/she) is acting in the performance of (his/her) duties. Thus, this element requires evidence establishing that the <insert
appropriate title> had been performing (his/her) official duties in good
faith at the time of the commission of the murder.1

In summary, the state must prove
beyond a reasonable doubt that 1) the defendant murdered <insert name of
decedent>, 2) <insert name of decedent> was <insert appropriate
title>, and 3) <insert name of decedent> was acting within the scope
of (his/her) duties.

Note: The defendant may be charged
as either the person committing the murder (see subsection (a)) or the person
hiring another person to commit the murder (see subsection (b)).

a. Defendant charged with
committing the murder

The defendant is charged [in count
___] with (capital felony / murder with special circumstances). The statute defining this offense reads in pertinent
part as follows:

a person is guilty of a capital
felony when that person is convicted of murder and was hired to commit the
murder for pecuniary gain.

For you to find the defendant guilty
of (capital felony / murder with special circumstances), the state must prove the following elements beyond a
reasonable doubt:

Element 1 - Convicted of murderThe first element is that the
defendant was convicted of murder. Proof of this element will depend on your
deliberations pertaining to count <insert number of count charging murder>,
which I have already instructed you on. If you find the defendant guilty of
murder in count <insert number of count charging murder>, then this
element of capital felony will be proven.

Element 2 - For hireThe second element is that the
defendant was hired to commit the murder for pecuniary gain. The state must
prove beyond a reasonable doubt that someone hired the defendant to
intentionally cause the death of <insert name of decedent> in exchange
for something of monetary value.

"Hired" means a relationship in which
one person engages the services of another who, for pecuniary gain, agrees to
perform specified services. "Pecuniary gain" means gain in the form of money.
This means that someone engaged the defendant to murder the decedent in exchange
for money. In other words, the state must prove beyond a reasonable doubt that
there was an agreement between the defendant and the person who hired (him/her)
to intentionally cause the death of the decedent in exchange for monetary
compensation.2

The defendant is charged [in count
___] with (capital felony / murder with special circumstances). The statute defining this offense reads in pertinent
part as follows:

a person is guilty of a (capital felony / murder with special circumstances) when that person hired another person to commit murder for pecuniary gain
and that other person committed murder.

For you to find the defendant guilty
of (capital felony / murder with special circumstances), the state must prove the following elements beyond a
reasonable doubt:

Element 1 - Hired anotherThe first element is that the
defendant hired <insert name of person hired> to murder <insert name
of decedent> for pecuniary gain. "Hired" means a relationship when one
person engages the services of another who, for pecuniary gain, agrees to
perform specified services. "Pecuniary gain" means gain in the form of money.
This means that someone engaged the defendant to murder the decedent in exchange
for money. In other words, the state must prove beyond a reasonable doubt that
both the defendant and the person who (he/she) hired intended to cause the death
of <insert name of decedent> in exchange for monetary compensation.3

Element 2 - Caused deathThe second element is that the
defendant, through (his/her) actions, and the person hired to commit the murder,
caused the death of the decedent. You must find proved beyond a reasonable
doubt that the decedent died as a result of the actions of the defendant and the
person the defendant hired.

Element 3 - MurderThe third element is that the
defendant and <insert name of person hired> caused the death of <insert
name of decedent> with the specific intent to cause <insert name of
decedent>'s death. There is no particular length of time necessary to form
the specific intent to cause <insert name of decedent>'s death.

In summary, the state must prove
beyond a reasonable doubt that 1) the defendant hired <insert name of person
hired> to murder <insert name of decedent> for pecuniary gain, 2) <insert
name of person hired> caused the death of <insert name of decedent>,
and 3) both the defendant and <insert name of person hired> intended to
cause the death of <insert name of decedent>.

Note: A trial to a jury for a
charge of §53a-54b (3) requires the trial to be bifurcated to avoid undue
prejudice. State v. Jones, 234 Conn. 324 (1995). The state may,
however, demonstrate a need to avoid a bifurcated trial. Id., 347-49. The
first part of the trial is a determination by the jury of whether the defendant
committed the charged murder. During this part of the bifurcated trial, only
instruct the jury on the elements of murder. The second part of the trial
concerns the prior conviction for murder or felony murder. The following
instruction is only to be given to the jury after it has returned a verdict of
guilty as to the murder charged.

Now that you have reached the verdict
of guilty on the charge of murder, and heard further evidence regarding this
case, I must instruct you on the additional crime of of (capital felony / murder with special circumstances). The
statute defining capital felony reads in pertinent part as follows:

a person is guilty of a (capital felony / murder with special circumstances) when that person commits murder and that person has previously been
convicted of (intentional murder / murder committed in the course of the
commission of a felony).

For you to find the defendant guilty
of (capital felony / murder with special circumstances), the state must prove the following elements beyond a
reasonable doubt:

Element 1 - Convicted of murderThe first element is that the
defendant committed a murder. Based upon your verdict in the first part of this
trial, you have found the first element to have been proved.

Element 2 - Previous convictionThe second element is that at the time
of the commission of the murder, the defendant had previously been convicted of
(intentional murder / murder committed in the course of the commission of a
felony). "Convicted" means having a judgment of conviction entered by a court
of competent jurisdiction against the defendant on that charge. This conviction
must have occurred prior to the date the defendant murdered <insert name of
decedent>.

In summary, the state must prove
beyond a reasonable doubt that 1) the defendant committed a murder, and 2) at
the time (he/she) committed that murder, had previously been convicted of
(intentional murder / murder committed in the course of the commission of a
felony).

Note: Although State v. Jones,
234 Conn. 324 (1995), pertains only to a charge under subsection 3 (see above),
the same principles would apply to a charge under subsection 4, requiring the
trial to be bifurcated to avoid undue prejudice, unless the state has
demonstrated a need to avoid a bifurcated trial. The first part of the trial is
a determination by the jury of whether the defendant committed the charged
murder. During this part of the bifurcated trial, only instruct the jury on the
elements of murder. The second part of the trial concerns whether the defendant
is currently under a sentence of life imprisonment. The following instruction
is only to be given to the jury after it has returned a verdict of guilty as to
the murder charged.

Now that you have reached the verdict
of guilty on the charge of murder, and heard further evidence regarding this
case, I must instruct you on the additional crime of capital felony. The
statute defining (capital felony / murder with special circumstances) reads in pertinent part as follows:

a person is guilty of a (capital felony / murder with special circumstances) if that person is convicted of murder and that person was, at the time of
commission of the murder, under a sentence of life imprisonment.

For you to find the defendant guilty
of (capital felony / murder with special circumstances), the state must prove the following elements beyond a
reasonable doubt:

Element 1 - Convicted of murderThe first element is that the
defendant committed a murder. Based upon your verdict in the first part of this
trial, you have found the first element to have been proved.

Element 2 - Under sentence of
life imprisonmentThe second element is that at the time
of the commission of the murder, the defendant was under a sentence of life
imprisonment. To prove this element, the state must prove beyond a reasonable
doubt that the defendant had been sentenced to a term of life imprisonment at
the time of the murder.

In summary, the state must prove
beyond a reasonable doubt that 1) the defendant committed a murder, and 2) at
the time (he/she) committed that murder, had been sentenced to a term of life
imprisonment.

Note: Under this subsection of
capital felony, the state must only prove kidnapping in the second degree.

The defendant is charged [in count __]
with (capital felony / murder with special circumstances). The statute defining this offense reads in pertinent part
as follows:

a person is guilty of a (capital felony / murder with special circumstances) if that person is convicted of the murder of a kidnapped person during
the course of the kidnapping or before the kidnapped person is able to return or
be returned to safety.

For you to find the defendant guilty
of (capital felony / murder with special circumstances), the state must prove the following elements beyond a
reasonable doubt:

Element 1 - Convicted of murderThe first element is that the
defendant was convicted of murder. Proof of this element will depend on your
deliberations pertaining to count <insert number of count charging murder>
which I have already instructed you on. If you find the defendant guilty of
murder in count <insert number of count charging murder>, then this
element of capital felony will be proved.

Element 2 - KidnappingThe second element is that the
defendant had kidnapped that person. Proof of this element will depend on your
deliberations pertaining to count <insert number of count charging kidnapping>
which I have already instructed you on. If you find the defendant guilty of
kidnapping in count <insert number of count charging kidnapping>, then
this element of capital felony will be proved.

Element 3 - Murder in the
course of the kidnappingThe third element is that the murder
occurred during the course of the kidnapping or before such person was able to
return to safety or be returned to safety. The phrase "in the course of the
commission" is a time limitation and means conduct occurring immediately before
the commission, during the commission or in the immediate flight after the
commission of the kidnapping. The immediate murder of a person to eliminate a
witness to the crime or to avoid detection is also "in the course of
commission."

In summary, the state must prove
beyond a reasonable doubt that 1) the defendant murdered <insert name of
decedent>, 2) the defendant had kidnapped <insert name of decedent>,
and 3) the murder occurred during the course of the kidnapping or before <insert
name of decedent> was able to return to safety or be returned to safety.

The defendant is charged [in count __]
with (capital felony / murder with special circumstances). The statute defining this offense reads in pertinent part
as follows:

a person is guilty of a (capital felony / murder with special circumstances) when that person is convicted of murder committed in the course of the
commission of sexual assault in the first degree.

For you to find the defendant guilty
of (capital felony / murder with special circumstances), the state must prove the following elements beyond a
reasonable doubt:

Element 1 - Convicted of murderThe first element is that the
defendant was convicted of murder. Proof of this element will depend on your
deliberations pertaining to count <insert number of count charging murder>
which I have already instructed you on. If you find the defendant guilty of
murder in count <insert number of count charging murder>, then this
element will be proved.

Element 2 - Sexual assaultThe second element is that the murder
occurred during the course of the commission of sexual assault in the first
degree. Proof of this element will depend on your deliberations pertaining to
count <insert number of count charging sexual assault> which I have
already instructed you on. If you find the defendant guilty of sexual assault
in count <insert number of count charging sexual assault>, then this
element will be proven.

Element 3 - Murder in the
course of the sexual assaultThe third element is that the murder
occurred in the course of the commission of the sexual assault. The phrase "in
the course of the commission" is a time limitation and means conduct occurring
immediately before the commission, during the commission or in the immediate
flight after the commission of the sexual assault in the first degree. The
immediate murder of a person to eliminate a witness to the crime or to avoid
detection is also "in the course of commission."

In summary, the state must prove
beyond a reasonable doubt that 1) the defendant murdered <insert name of
decedent>, 2) the defendant had sexually assaulted <insert name of
decedent>, and 3) the murder occurred during the course of the sexual
assault.

The defendant is charged [in count __]
with (capital felony / murder with special circumstances). The statute defining this offense reads in pertinent part
as follows:

a person is guilty of a capital
felony when that person is convicted of the murder of two or more persons at the
same time or in the course of a single transaction.

For you to find the defendant guilty
of (capital felony / murder with special circumstances), the state must prove the following elements beyond a
reasonable doubt:

Element 1 - Convicted of one or
more murdersThe first element is that the
defendant has been convicted of the murder of two or more persons. Proof of
this element will depend on your deliberations pertaining to counts <insert
numbers of the counts charging each murder> which I have already instructed
you on. If you find the defendant guilty of murder in counts <insert numbers
of the counts charging each murder>, then this element of capital felony
will be proved.

Element 2 - Single transactionThe second element is that the <insert
number of murders> murders occurred at the same time or in the course of a
single transaction. In order to prove that the murders occurred at the same
time or in the course of a single transaction the state must prove beyond a
reasonable doubt that the murders occurred at approximately the same time or
that the murders were related to a single course of conduct or plan carried out
as a series of events with a clear connection. Was there a plan, motive or
event common to the <insert number of murders> murders? If you find
beyond a reasonable doubt that the state has proved that all of the murders
occurred as part of a single course of conduct with a clear connection, then you
shall find this element to have been proven.

In summary, the state must prove
beyond a reasonable doubt that 1) the defendant murdered <insert names of
decedents>, and 2) the <insert number of murders> murders occurred at
the same time or in the course of a single transaction.

The defendant is charged [in count __]
with (capital felony / murder with special circumstances). The statute defining this offense reads in pertinent part
as follows:

a person is guilty of a (capital felony / murder with special circumstances) when that person is convicted of the murder of a person under sixteen
years of age.

For you to find the defendant guilty
of (capital felony / murder with special circumstances), the state must prove the following elements beyond a
reasonable doubt:

Element 1 - Convicted of murderThe first element is that the
defendant was convicted of murder. Proof of this element will depend on your
deliberations pertaining to count <insert number of count charging murder>
which I have already instructed you on. If you find the defendant guilty of
murder in count <insert number of count charging murder>, then this
element will be proved.

Element 2 - Age of decedentThe second element is that at the time
<insert name of decedent> was murdered, (he/she) was under sixteen years
of age.4

In summary, the state must prove
beyond a reasonable doubt that 1) the defendant murdered <insert name of
decedent>, and 2) that at the time <insert name of decedent> was
murdered, (he/she) was under sixteen years of age.

If you find that the state has proved all the elements of (capital felony / murder with special circumstances), there is one other rule that applies to the crime of (capital felony / murder with special circumstances) you must also consider. Our law provides that no person may be convicted of any crime (punishable by death / life imprisonment without possibility of release) without the testimony of at least two witnesses or that which is equivalent thereto. It is our law in most criminal cases that a person can be convicted on the testimony of just one person. However, in a charge of (capital felony / murder with special circumstances) the state is required to produce more than a single witness. There is no requirement that there be two eyewitnesses to the crime, only that there has been produced for you the testimony of at least two witnesses or the equivalent thereto. In this case when you recall the evidence you have heard, and consider the number of witnesses called by the state in support of this charge of of (capital felony / murder with special circumstances), you may find that the state has met its additional evidentiary burden of calling at least two witnesses or that which is equivalent thereto. The rule is satisfied if there are two or more witnesses, each testifying to different parts of the crimes, or to different circumstances concerning the charge, tending directly to show the guilt of the accused. The rule is also satisfied if one witness testifies to a principal fact and another witness testifies to circumstances corroborating it.

If you find that the state has called two witnesses, or the equivalent thereto, and unanimously proved the elements of the crime of of (capital felony / murder with special circumstances) beyond a reasonable doubt, then you shall find the defendant guilty. If the state has failed to call two witnesses or the equivalent thereto or failed to prove beyond a reasonable doubt any one or more of the elements of the crime of of (capital felony / murder with special circumstances), you shall find the defendant not guilty of this count.
_______________________________________________________

4
There is no requirement that the defendant knew the age of the victim, or that
the defendant intended to kill a victim of a certain age. "If a defendant
intentionally murders an innocent person without knowing that person's age, he
does so at his peril, and will not be heard to plead in defense good faith or
ignorance." (Internal quotation marks omitted.) State v. Higgins, 265
Conn. 35, 48 (2003).

The statute says that the person
must be "convicted of murder." The Supreme Court has interpreted this to
exclude nonintentional murder, so that neither felony murder nor arson murder
may be the predicate crime for capital felony or murder with special circumstances. See State v. Johnson, 241
Conn. 702, 713-14 (1997) (killing of police officer during the course of a
robbery); State v. Harrell, 238 Conn. 828, 839 (1996) (killing of two
people in a fire).